5
18.
In addition, the State alleges that there are other facts supporting the inadmissibility of
the petition, making reference to the country’s political context. It indicates that at time of the original
petition, authorities who belonged to the same political party that had been in power for more than 60
years were still in government, until the general elections of April 20, 2008 produced a democratic change
in government, displacing the Colorado Party that had been in power since 1947 and installing an alliance
of opposition political parties and social groups.
19.
Finally, bearing in mind the time elapsed and the situation created with respect to the
criminal case against those allegedly responsible for the crimes of torture denounced by Mr. Jorge Luis
López Sosa, the Paraguayan State indicated in its submission that it assumed certain commitments both
to the alleged victim and the IACHR. In this regard, it indicated that it assumed the commitment to fully
respect procedural deadlines, taking responsibility for administrative, civil, or criminal prosecution arising
from the failure of responsible public officials to honor such deadlines.
20.
In a communication dated July 5, 2012, the State reported that in the criminal case for
the crime of “bodily injury in the performance of public duties” with respect to Mr. Jorge Luis López Sosa
a preliminary hearing was set for July 24, 2012, stipulating that in that case the alleged victim was a
complainant against the accused and that he is represented by counsel.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence of the Commission ratione materiae, ratione personae, ratione temporis,
and ratione loci
21.
The petitioner is empowered by Article 44 of the American Convention to submit
complaints to the IACHR. The petition indicates as the alleged victim Jorge Luis López Sosa and his family,
with respect to whom Paraguay agreed to respect and guarantee the rights enshrined in the American
Convention. With respect to the State, Paraguay has been a party to the American Convention since
August 24, 1989, the date on which it deposited the respective ratifying instrument. Therefore, the
Commission is competent ratione personae to examine the petition.
22.
The Inter-American Commission is competent ratione loci in that the alleged human rights
violations occurred in a State that is party to the American Convention.
23.
The petitioner, for his part, refers to violations of rights established in the American
Convention so that in the case under review the IACHR is competent ratione materiae. In addition, the
Inter-American Commission is competent ratione temporis given that the obligation to respect and
guarantee the rights protected in the American Convention was already in effect for the State on the date
when the facts alleged in the petition would have occurred. It is also competent to hear violations of the
Inter-American Convention to Prevent and Punish Torture (IACPPT) in that Paraguay has been a party to
that treaty since March 9, 1990, when it deposited the respective ratifying instrument.
B.
Other requirements for admissibility of the petition
1.
Exhaustion of domestic remedies
24.
Article 46.1.a of the American Convention requires the prior exhaustion of the remedies
available in the domestic jurisdiction in accordance with generally recognized principles of international